Hawaii has enacted legislation (House Bill 2054) that prohibits employers from retaliating against an employee for disclosing or discussing sexual harassment or sexual assault. House Bill 2054 is effective immediately.
House Bill 2054 also prohibits employers from requiring an employee to enter into, as a condition of employment, a nondisclosure agreement that prevents the employee from disclosing or discussing sexual harassment or sexual assault occurring in the workplace, at work-related events, between employees, or between an employer and an employee.
House Bill 2054 generally doesn't apply to:
- Human resources employees who are expected to maintain the confidentiality of an investigation as part of their official duties; and
- Employees who are asked to maintain the confidentiality of an ongoing human resources investigation.
Hawaii employers should review their practices and supervisor training to ensure compliance with House Bill 2054. Please contact your dedicated service professional with any questions.